Texas Tech Response to TRO/Injunction Petition

[Stallion]

http://ftpcontent.worldnow.com/kcbd/200 ... sponse.pdf

[Junior]

[peruna81]

question for you, counselor:

what benefit is it to the University to part ways legally now, before any allegations have been brought to a court/hearing/judiciary council?

[Pony94]

Also, is there any issue with him not signing that letter? I would think not...but I am not a lawyer.

[PonyKai]

Also, is there any issue with him not signing that letter? I would think not...but I am not a lawyer.

It shows that Leach was acting in a childish manner, as all it is is a signature acknowledging that the party has received the letter.

[Junior]

Would it be some sort of constructive receipt since it was given to his attorneys?

[Stallion]

Two Points-some of which I was making on Tech board-but never got much discussion:

1. Mike Leach lied when he said he was never informed of the facts and reasons for his dismissal
2. This idea that Texas Tech could only reprimmand or terminate based on wording of his contract were baloney. The Contract said he also had to follow all university policies and procedures-I knew as a state actor there had to be a clearly defined grievance and appeal procedural due process-I just didn't know the name of the document. There is-see the Exhibit B attached. Mike Leach failed to pursue his administrative remedies although I have some factual issues about whether TT properly terminated for cause-was he given the 10 days to cure called for by his contract?-not sure I can answer that

[peruna81]

Stallion,

Damage-control aside, TT seems to be trying to shield itself from liability by stating 'cause' without stating it...are they obligated to do so being Leach is a 'public' employee, or am I missing something here?

[ponyte]

I can't stand the sovereign immunity mumbo jumbo (though I am sure it is necessary). I am impressed by the TTU response. Seems well reasoned, thorough, well researched and supported by evidence.

I have less sympathy for Leach after reading this response. It appears Leach knew about this well before it was made public.

[jtstang]

That letter dated December 23 certainly put him on notice of the reasons for the investigation. But it reads like a supplement to his contract even though the signature line is just labeled as a receipt. I don't blame him for not signing it.

I don't think that helps him now though.

[Stallion]

they stated the "cause" is their termination letter but now they are going to have to live with it. There will be a lawsuit-Tech probably should have just fired without cause and paid him the contractual buyout of $400,000 for 4 years. If Leach can show that stated cause was pretexual(ie not the real reason but an excuse) then Tech could get hit much harder in the lawsuit. Leach did himself a diservice by ignoring the due process avenues availiable to him-stubborness. There are other unpled causes action-other than breach of contract-that may get him around the sovereign immunity doctrine but a prerequisite I believe is that he has exhausted his administrative remedies which I don't think he did. He ignored them.

[peruna81]

not a dig at lawyers...

but isn't he a member of the Bar? If so, that seems pretty rudimentary. This is going to stink the more it is stirred...

[jtstang]

He's not a member of the Texas Bar. I think I read in Texas Monthly that he was never a practicing attorney.

[jtstang]

In fact I did. From the September 2009 texas Monthly:

Leach grew up in a Mormon family in Cody, Wyoming, and attended Brigham Young University, where he was nowhere near talented enough to make the football team. But he studied hard and made it to law school at Pepperdine University, in California, graduating in 1986 in the top third of his class. Bright and personable, he appeared destined for a successful law career. Except he did not want to be a lawyer. After graduation he decided, to the dismay of his wife’s parents, that he wanted to be a football coach. He had coached various youth sports before, and the idea stuck. So he did what no sane Pepperdine law school grad would do: He enrolled in the United States Sports Academy, in Daphne, Alabama, to earn a master’s degree in coaching.

[The_RichAlum]

I have read a lot of what is out there on the net and I am ashamed of Adam and Craig James.

Leach is being railroaded by an admin that doesn't like him and a whiny dad who wants more PT for his spoiled son. I am grateful that Adam doesn't play here......please don't transfer here.

It is clear from numerous sources that Adam James had a poor work ethic. Many thought he was not even qualified to be on the team.

If Leach was not fired in the next few days, Tech would have owed him some big bonus money.

Back to the cellar Tech!